Commercial expert witnesses

Expert class library · 5 classes

The damages, accounting and industry experts in contract and business disputes: lost profits, forensic accounting, custom and practice, and the rebuttal experts who test them.

Each class is defined by role and method, never by a person or a firm. Open one for what it is retained to answer, how its testimony is attacked under Rule 702, and the rulings, each read in the opinion.

Usually retained by plaintiffs

Lost-profits damages expert

Before-and-after method · Yardstick method

Usually retained by the defense

Commercial damages rebuttal expert

Assumption sensitivity testing · Causation and alternative explanation analysis

Retained by either side

Forensic accountant

Fund tracing · Financial statement reconstruction

Industry custom and practice expert

Trade usage analysis · Contract term interpretation in context

Banking and lending standards expert

Underwriting guideline review · Loan file sampling

Recent rulings

The 12 most recent of 15 rulings in this practice, newest first. Each links to the free opinion on CourtListener and to the class it belongs to.

OutcomeCaseCourtExpert class
AdmittedUnited States v. Fenner142 F.4th 5107th Cir. 2025Forensic accountant
ExcludedKatz, Abosch, etc., P.A. v. Parkway Neuroscience485 Md. 335Md. 2023Lost-profits damages expert
ExcludedBill Barrett Corporation v. YMC Royalty Company918 F.3d 76010th Cir. 2019Industry custom and practice expert
LimitedIconics, Inc. v. Massaro266 F. Supp. 3d 461D. Mass. 2017Forensic accountant
LimitedInsight Health Corp. v. Marquis Diagnostic Imaging of N.C., LLC2017 NCBC 14N.C. Bus. Ct. 2017Commercial damages rebuttal expert
LimitedJesa Enterprises Ltd. v. Thermoflex Corp.268 F. Supp. 3d 968E.D. Mich. 2017Industry custom and practice expert
AdmittedUtica Mutual Insurance Co. v. Fireman's Fund Insurance Co.238 F. Supp. 3d 314N.D.N.Y. 2017Industry custom and practice expert
AdmittedFederal Housing Finance Agency v. Nomura Holding America, Inc.74 F. Supp. 3d 639S.D.N.Y. 2015Banking and lending standards expert
AdmittedMM Steel, L.P. v. Reliance Steel & Aluminum Co.806 F.3d 8355th Cir. 2015Lost-profits damages expert
LimitedWashington v. Kellwood Co.105 F. Supp. 3d 293S.D.N.Y. 2015Lost-profits damages expert
LimitedAllstate Insurance v. Countrywide Financial Corp.984 F. Supp. 2d 1021C.D. Cal. 2013Banking and lending standards expert
AdmittedMassachusetts Mutual Life Insurance v. Residential Funding Co.989 F. Supp. 2d 165D. Mass. 2013Banking and lending standards expert

Other practice areas

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The library summarises public decisions for orientation; it is not legal advice. Read the opinion before relying on any ruling. No individual expert is named.